( 1 ) THIS appeal is directed against the judgment, and decree of the Subordinate judge, Siddipet in A. S. No. 7 of 1993 preferred against the judgment and decree in O. S. No. 317 of 1998 on the file of the district Munsif, Siddipet.

( 2 ) THE appellant is the plaintiff and the respondent herein is the defendant in the suit. During the pendency of the appeal, the appellant died and his L. Rs. were brought on record as appellants 2 to 4. During the pendency of the appeal, the 2nd appellant also died. Therefore, his L. Rs. were also brought on record as appellants 5 to 9.

( 3 ) THE plaintiff filed the present suit for declaration that the judgment and decree in o. S. No. 266 of 1987 dated 29-7-1987 on the file of the District Munsif, Siddipet is obtained by playing fraud by the defendant and alternatively for cancellation of the said decree.

( 4 ) THE averments of the plaint are briefly as follows: the plaintiff s husband late maheswaram Lakshminarsaiah "was the paternal uncle of the defendant. The said lakshminarasaiah died intestate on 3-3-1983 issueless at the age of 72 years leaving behind him the plaintiff as the only legal heir. Late Lakshmi Narasiah owned and possessed a hou

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